Tag Archives: hospitality

Illinois Joins New Jersey in Protecting Hotel (and Casino) Employees from Sexual Harassment and Violence by Requiring Employer-Provided Panic Button Devices

Earlier this summer, we reported on ground-breaking legislation in New Jersey that requires hotels with more than 100 guest rooms to supply hotel employees assigned to work in a guest room alone with a free panic button device and to adhere to a specific protocol upon activation of a panic button device by a hotel employee.  In what may signal the start of a national trend, Illinois just became the second state to pass similar legislation targeting not only hotels but also casinos located within its jurisdiction.

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Predictive Scheduling is Becoming the New Normal for Hospitality and Retail Industry

Taking the guesswork out of scheduling for wage workers is an attractive proposition for regulators. Laws that require employers to publish employee work schedules a certain amount of time in advance so that employees (especially those in the hospitality and retail industries) can have greater flexibility and work-time predictability to deal with family and other events and responsibilities are becoming more common in several cities, and the state of Oregon currently has predictive scheduling laws on the books, and the trend is growing, with proposed legislation in many jurisdictions across the country.

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California Supreme Court Gives Employers a Break on “Day of Rest” Laws

It is no secret that California’s wage-hour laws are complex and often raise questions that employers, employees and the courts struggle with. As we wrote here more than a year ago, faced with questions regarding California’s ambiguous “day of rest” laws, the Ninth Circuit Court of Appeals threw up its hands and asked the California Supreme Court to clarify those laws.

Among the questions to be answered was one that impacts a great many employers, particularly those in the retail and hospitality industries – does the requirement that an employee be provided a “day of rest” apply to each workweek (such that an employee could be scheduled to work 12 consecutive days over two workweeks), or does it apply to each rolling, 7-day period (such that employees could never be scheduled to work more than 6 consecutive days)?

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Take 5 Newsletter: A Full Menu of Potential Legal Issues for Hospitality Owner/Operators

A Full Menu of Potential Legal Issues for Hospitality Owner/OperatorsIn the new issue of Take 5, our colleagues examine important and evolving issues confronting owners, operators, and employers in the hospitality industry:

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Navigating Frequent Questions on How to Administer and Monitor Intermittent FMLA Leave

By:   Elizabeth Bradley

Most employers are well versed in the FMLA requirements; however, I recently received a call from one of our hospitality clients seeking guidance on administering intermittent FMLA  leave.  Specifically, the hotel was seeking advice on how to manage a Housekeeping Department employee who was approved for intermittent FMLA leave and had recently increased the frequency of his days off with little or no notice of the need for leave.

Notably the FMLA and supporting regulations do not provide much guidance for employers. It is clear from the regulations, however, that intermittent FMLA leave was initially contemplated to allow employees time off for scheduled medical appointments.  But, as all employers have probably experienced, intermittent leave is more commonly used by employees to take periodic days off when their medical condition prevents them from being able to work. This places employers in the difficult position of having to provide employees with leave without the ability to properly staff its business due to the lack of notice.

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